James H. Owen

Legal Services‎ > ‎

Court Appointed Counsel

You have all heard the Miranda Warning on TV or perhaps in person but almost everyone is familiar with the phrase "if you cannot afford and attorney one will be appointed for you".  But most people do not know that the "court appointed" counsel is not free.  The cost of the attorney is usually passed along to the Defendant to be paid over time as part of the court cost.

Another thing people don't realize about Court Appointed counsel in Henderson County is that the Courts will typically not pay a court appointed attorney until the case is over.  In other words, in designing the plan for court appointed attorneys in our county, the Judges have created a financial incentive to get the case over with.  That is not always the best thing for the client but that is the only way the Court Appointed Attorney can get paid.

Additionally, when Henderson County buys gasoline, electricity, paper, court reporting services, translator services, or attorneys to represent the county, the county pays the going rate.  When the County hires an attorney for an indigent defendant to serve as court appointed attorney, the county pays a heavily discounted rate.   For those of you who believe "you get what you pay for"; good luck.

If you are thinking about using Court Appointed Counsel consider:

Court Appointed does not mean FREE.

Court Appointed means they will not get paid until your case is over.

Court Appointed means the attorney will be paid a reduced amount to work for you.